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The Bill of Rights and the 14th Amendment

First Amendment

We emphasize that it is not our function to propose regulatory schemes for the States. That must await their concrete legislative efforts. It is possible, however, to give a few plain examples of what a state statute could define for regulation under part (b) of the standard announced in this opinion, supra:

  • (a) Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated.

  • (b) Patently offensive representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals.

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